The Court-Martial Lawyer
the Government Doesn't
Want Across the Table
When UCMJ charges are preferred — or the investigation is already underway — your career, your freedom, your retirement, and your reputation are on the line simultaneously. Attorney Patrick Korody is a former Navy JAG certified by the Judge Advocate General as a Specialist in Military Justice Litigation. He has handled hundreds of courts-martial across every branch of service, worldwide. He knows exactly how military prosecutors build cases — because he built them himself.
What Is a Court-Martial — and What Does a Conviction Mean for You?
A court-martial is a military criminal trial conducted under the Uniform Code of Military Justice (UCMJ) — the federal statute that governs criminal conduct by members of all branches of the United States Armed Forces. A court-martial conviction is a federal criminal conviction. It carries the same weight as a felony conviction in civilian life and follows you permanently, affecting employment, professional licensing, veterans' benefits, and your ability to own a firearm.
Unlike civilian criminal proceedings, a court-martial is prosecuted by military attorneys — typically experienced Judge Advocate officers — who have the full investigative resources of NCIS, Army CID, Air Force OSI, or CGIS behind them. By the time UCMJ charges are formally preferred against you, the government has often been building its case for months.
The moment you learn you are under investigation — before an Article 32 hearing, before charges are preferred, and long before any court-martial date — is when your defense must begin. Evidence is gathered, witnesses' memories are fresh, and critical pre-trial motions can be filed. Waiting is the single most common and most costly mistake service members make.
You are entitled to a free military defense counsel — a JAG officer — but that officer typically has limited experience, a heavy caseload, and no independent investigative resources. For charges that can result in federal conviction, punitive discharge, confinement, and permanent damage to every aspect of your life after service, the quality of your defense lawyer is the single most important variable in your outcome.
The Consequences of a Court-Martial Conviction
A court-martial conviction is not an administrative action — it is a federal criminal record. Depending on the severity of the UCMJ charges, consequences can include dishonorable or bad conduct discharge, federal confinement at a military correctional facility, forfeiture of all pay and allowances, reduction to the lowest enlisted grade, loss of all veterans' benefits including the GI Bill, VA healthcare, and retirement, and lifetime prohibition on firearm possession.
For officers, a general court-martial conviction means dismissal — the officer-equivalent of a dishonorable discharge — and permanent loss of rank, retirement, and clearance. These consequences extend to every future employer, professional licensing board, and federal agency background check for the rest of your life.
The Three Types of Courts-Martial Under the UCMJ
The UCMJ provides for three types of courts-martial, each varying in composition, jurisdiction, and maximum punishment. Understanding which type you are facing — and what the government's maximum sentencing authority is — is the starting point for building your defense strategy.
Summary Court-Martial
The least formal of the three, and the only court-martial that cannot result in a federal criminal conviction, a summary court-martial is typically used for minor offenses by enlisted members. A single commissioned officer serves as the court. You have the right to refuse a summary court-martial and demand trial by special court-martial, which — while potentially more severe — provides greater procedural protections, including the right to a military defense counsel.
- Confinement of up to 30 days (depending on rank)
- Hard labor without confinement up to 45 days
- Restriction to limits up to 60 days
- Forfeiture of up to two-thirds monthly pay for 1 month
- Reduction to lowest enlisted pay grade (E-4 and below)
While you don't have the right to appointed military defense counsel, you cannot proceed with retained, civilian military counsel.
Special Court-Martial
The special court-martial is the military equivalent of a misdemeanor trial in civilian court — though its consequences are far from minor. It is heard by a panel of at least three military members and a military judge, or by military judge alone if requested by the accused. Enlisted members may request that at least one-third of the panel be enlisted. A military defense attorney is provided at no cost, but civilian co-counsel may be retained.
- Bad conduct discharge
- Confinement of up to 1 year (or up to 2 years for certain offenses)
- Hard labor without confinement up to 3 months
- Forfeiture of up to two-thirds pay for up to 1 year
- Reduction to lowest enlisted pay grade
A relatively new procedural rule allows commanders to send cases for trial by special court-martial before a judge-alone (no right to members/jury). In exchange, the punishment cannot include a bad conduct discharge (BCD).
General Court-Martial
The general court-martial is the military's highest trial forum — the equivalent of a federal felony trial. It is the only court with jurisdiction over the most serious UCMJ charges, including penetrative sexual offenses under Article 120. It is presided over by a military judge and a panel of at least five members. A general court-martial conviction is a federal felony conviction. For the most serious UCMJ charges, it carries the most catastrophic potential consequences of any military proceeding.
- Dishonorable discharge or dismissal for officers
- Federal criminal conviction on your permanent record
- Confinement — potentially decades — at a military prison
- Forfeiture of all pay and allowances
- Reduction to lowest enlisted pay grade
- Death, when specifically authorized by law
The Court-Martial Process Under the UCMJ
Understanding each stage of a court-martial under the UCMJ — and where a skilled defense attorney can intervene most effectively — is essential for any service member facing charges or investigation.
Military Criminal Investigation
Before any UCMJ charges are preferred, military investigators — NCIS, CID, OSI, or CGIS — build the evidentiary foundation of the government's case. This phase includes witness interviews, physical and digital evidence collection, controlled calls, and — if you allow it — a direct interrogation of you. The investigation phase is where many cases are won or lost before the court-martial ever begins.
Invoke your Article 31(b) rights immediately. Do not make any statement to military investigators without first consulting a court-martial lawyer. Do not consent to searches of your phone, vehicle, or quarters without a warrant. Evidence obtained during this phase will be the core of the government's case at trial.
Preferral of UCMJ Charges
Charges are formally preferred when a commissioned officer signs a charge sheet under oath alleging specific UCMJ violations. Charges are typically preferred following the submission of the military investigative agency's Report of Investigation (ROI) to the command and — for covered offenses — to the Office of Special Trial Counsel (OSTC). The OSTC, created by the Military Justice Improvement and Increasing Prevention Act, independently prosecutes covered offenses including sexual assault, domestic violence, and related crimes, removing charging authority from the commanding officer.
The Article 32 Preliminary Hearing
For general courts-martial, a preliminary hearing under Article 32 of the UCMJ must be conducted before charges can be referred for trial. A Preliminary Hearing Officer (PHO) — a judge advocate — presides over the hearing, reviews the evidence, examines witnesses, and issues a report recommending whether the charges are supported by probable cause and what type of court-martial, if any, is appropriate. The PHO's recommendation is advisory — the convening authority or OSTC makes the final referral decision.
The Article 32 hearing is a critical defense opportunity. Your court-martial lawyer can cross-examine government witnesses, challenge the sufficiency of the evidence, and build the factual record that will be used at trial. Do not waive your Article 32 hearing without experienced legal counsel advising you on whether waiver is strategically appropriate.
Pre-Trial Motions — Where Cases Are Won Before Trial
Before the trial begins, your court-martial lawyer files pre-trial motions that challenge the government's evidence, the legal sufficiency of the charges, and any constitutional or UCMJ violations that occurred during the investigation. Motions to suppress unlawfully obtained evidence — statements taken in violation of Article 31(b), evidence seized without proper authorization, digital evidence obtained through improper warrants — can gut the government's case before a single witness takes the stand.
Pre-trial motions also address UCI (Unlawful Command Influence), speedy trial violations under R.C.M. 707, multiplicious charges, and failure to preserve exculpatory evidence. A skilled court-martial lawyer uses the pre-trial motion phase to systematically dismantle the government's case and establish the defense narrative before the panel ever hears a word of testimony.
Trial — Before the Panel and the Military Judge
At trial, the government bears the burden of proving every element of every UCMJ charge beyond a reasonable doubt. Your court-martial lawyer cross-examines government witnesses to expose inconsistencies, bias, and unreliable testimony; introduces exculpatory evidence; challenges forensic findings; and presents the defense case to the panel or military judge. In a panel trial, two-thirds of the panel must concur in a guilty finding — for capital offenses, unanimity is required.
You have the right to testify or to remain silent — and the panel cannot be instructed to draw any adverse inference from your silence. You may elect to be tried by military judge alone rather than a panel. These are strategic decisions with significant implications that your court-martial lawyer will help you evaluate based on the specific facts of your case.
Sentencing and Post-Trial Appeals
If a guilty finding is entered, a separate sentencing phase follows immediately. Your court-martial lawyer presents evidence in extenuation and mitigation — service records, awards, character testimony, family impact, rehabilitative potential — to argue for the most lenient sentence possible. Under current UCMJ sentencing rules, the military judge sets the sentence in most cases rather than the panel, which allows for more focused and predictable sentencing advocacy.
Following conviction, you have the right to appeal to the applicable military Court of Criminal Appeals (Army CCA, NMCCA, AFCCA, CGCCA) and, from there, to the Court of Appeals for the Armed Forces (CAAF). Post-trial and appellate rights are preserved and developed throughout the trial — another reason why a skilled, experienced court-martial lawyer must be involved from the earliest stages of your case.
UCMJ Charges Korody Law Defends
Korody Law has handled the full spectrum of UCMJ charges across every branch of service and every level of court-martial. From Article 120 sexual assault allegations to drug offenses, larceny, and capital murder, our attorneys understand how military prosecutors build these cases — and how to dismantle them.
The most aggressively prosecuted UCMJ charge. Article 120 covers rape, sexual assault, abusive sexual contact, and aggravated sexual contact. General court-martial only. Mandatory punitive discharge upon conviction. Requires experienced, specialized defense.
Rape, sexual assault, sexual abuse, and aggravated sexual contact involving minors under 16. Among the most severely punished UCMJ charges. OSTC has mandatory prosecution authority for covered offenses.
Covers assault, battery, stalking, and violation of protective orders against intimate partners and family members. Now a covered OSTC offense in many circumstances, removing commanding officer discretion over prosecution.
Wrongful use, possession, distribution, manufacture, and introduction of controlled substances. Includes failed urinalysis cases, off-duty drug use, and prescription drug misuse. Mandatory minimum punishments apply to distribution charges.
Article 118 covers premeditated murder, unpremeditated murder, felony murder, and manslaughter. General court-martial only. Premeditated murder is a capital offense under the UCMJ. Attorney Korody is one of the few attorneys in the country certified to handle military capital cases.
Theft of government or private property, wrongful appropriation, and related financial crimes. Includes theft of government funds, military equipment, and property of other service members. Commonly prosecuted at both special and general courts-martial.
Disobedience of lawful general orders or regulations, failure to obey a lawful order from a superior commissioned officer, and dereliction of duty. One of the most broadly applicable UCMJ provisions — frequently charged alongside more serious substantive offenses.
Knowingly making a false official statement with intent to deceive. Frequently charged in combination with other UCMJ offenses. Also applies to false statements on security clearance forms, SF-86s, and similar official documents.
Article 133 (conduct unbecoming an officer) and Article 134 (the general article covering conduct prejudicial to good order and discipline or service discrediting) are catch-all provisions used to prosecute a wide range of conduct not specifically listed elsewhere in the UCMJ.
Why You Need a Civilian Court-Martial Lawyer — Not Just a JAG
Every service member facing UCMJ charges is entitled to a military defense attorney at no cost. That attorney is a JAG officer — a lawyer, certainly, but typically one who is relatively junior, carries a heavy caseload shared across many clients, and operates within the same institutional structure as the prosecutors and command personnel pursuing the case against you. For UCMJ charges that can result in federal conviction and punitive discharge, that is not enough.
Experience That Is Measured in Courts-Martial, Not Semesters
Attorney Patrick Korody has tried hundreds of courts-martial across every branch of service. He was recognized during his active duty career as the Navy's best court-martial trial lawyer. The depth of trial experience he brings to your defense is not available from a recently commissioned JAG who has handled a handful of cases.
Full Independence from the Military Chain of Command
A civilian court-martial attorney has no commanding officer, no fitness report to protect, and no institutional loyalty to anyone other than you. A military JAG operates within the same chain of command as your prosecutors. That structural reality — however professional individual JAGs may be — affects representation in ways that matter.
Unlimited Time and Investigative Resources
A military defense JAG is typically responsible for multiple cases simultaneously, limits the scope of representation until charges are formally preferred, and operates with constrained investigative resources. Korody Law commits the time, investigative effort, and expert resources your case requires — beginning the moment you retain us.
Insider Knowledge of How Military Prosecutors Think
Attorney Patrick Korody served as both a military defense counsel and a military prosecutor — and as a Special Assistant United States Attorney. He understands precisely how government trial counsel build their cases under the UCMJ, what evidence they prioritize, and where their arguments are vulnerable. That insider perspective is the foundation of every defense strategy.
Early Pre-Charge Intervention
Military JAG defense offices typically cannot take full representation until UCMJ charges are formally preferred. Korody Law engages from the moment you contact us — during the investigation, before charges, at the Article 32 hearing — protecting the record and your options at every stage before the military JAG system is even fully involved.
Reputation the Prosecution Respects
A civilian court-martial lawyer with a proven track record of trial wins creates a different negotiating dynamic than an inexperienced military defense attorney. Military prosecutors know which defense lawyers they are up against and adjust their approach accordingly. Attorney Patrick Korody's reputation in military courts is a tangible defense asset.
The Korody Law Court-Martial Defense Team
Attorney Patrick Korody
Founding Attorney — Former Navy JAG • 20+ Years Military LawPatrick Korody is a former U.S. Navy JAG officer with ten years of active duty service and a career-long reputation as one of the Navy's foremost court-martial trial lawyers. He is among an elite group of attorneys certified by the Judge Advocate General as a Specialist in Military Justice Litigation — one of the highest recognitions available in military law. He is also one of a small number of attorneys in the country qualified to handle capital (death penalty) court-martial cases.
Before founding Korody Law, Attorney Korody served as a Special Assistant United States Attorney and as both a military prosecutor and defense counsel, giving him firsthand command of both sides of a court-martial. Since 2015, he has represented service members in state and federal courts and before military courts worldwide. He is licensed in Florida, Maryland, and before all military courts.
Attorney Jason Ayeroff, Of Counsel
Retired Navy Commander (O-5) • 21 Years JAG Service • LL.M. Military LawJason Ayeroff brings 21 years of distinguished Navy JAG service to Korody Law, retiring at the rank of Commander. He served as prosecutor, defense counsel, and Staff Judge Advocate to flag-level commanders — advising the most senior officers in the Navy on all military justice matters. He earned his LL.M. through the U.S. Army's elite graduate legal education program. He focuses his practice at Korody Law on military law and security clearance defense.
Attorney Robert Crow, Of Counsel
Former Circuit Military Judge • JAG-Certified Military Justice ExpertRobert Crow is a former Circuit Military Judge — one of the most rarified credentials in military law — and holds the same JAG certification in Military Justice Litigation as Attorney Korody. His experience on the bench gives Korody Law a unique vantage point: an attorney who has presided over courts-martial now fighting for your defense from the other side of the courtroom.
Free Case Consultation
Korody Law offers a free initial consultation for service members facing UCMJ charges, under investigation, or confronting any adverse military action. We can be retained and begin working on your defense within hours.
We represent clients worldwide — at bases in the continental United States, Hawaii, Alaska, Japan, Korea, Germany, Bahrain, and beyond. Geographic distance is not a barrier to getting the defense you deserve.
(904) 383-7261Call or Text — Available for Urgent Consultations
Korody Law, P.A. — 630 West Adams Street, Suite 208, Jacksonville, FL 32204
Contact Us OnlineWhat Service Members Say About Korody Law
"Mr. Korody defended me at an ADSEP board and I couldn't ask for a more knowledgeable and professional attorney. He was very well prepared and his experience in UCMJ matters is outstanding. He literally saved not only my career but my family's livelihood."
"Patrick helped me with a complicated and drawn-out case. As a healthcare provider, having good representation is a must. Patrick's knowledge of military law, rules, and regulations was extremely impressive. From the moment he began representing me I felt supported. Patrick fought hard for me and we had a favorable outcome."
"Attorney Jason Ayeroff is amazing! At my ADSEP board he picked apart the evidence. He was upfront about everything. He focused on the facts and got the answers. He would go out of his way to check in and make sure my mental health was ok. This attorney is worth every penny."
Court-Martial Lawyer & UCMJ Charges: Common Questions
Do I need a civilian court-martial lawyer if I already have a JAG attorney?
Yes — in almost every case involving serious UCMJ charges. Your military JAG defense attorney is a dedicated professional, but they are typically a junior officer handling multiple cases simultaneously, with limited investigative resources and constrained availability before charges are formally preferred. A civilian court-martial lawyer like Attorney Patrick Korody brings decades of trial experience, full independence, unlimited pre-charge availability, and the kind of specialized expertise that comes from a career built exclusively on military criminal defense. The two attorneys work together as co-counsel — your JAG remains on the case, and the civilian attorney provides the strategic and trial leadership your case demands.
What are the most common UCMJ charges that lead to a court-martial?
The most frequently prosecuted UCMJ charges at court-martial include Article 120 (sexual assault and rape), Article 112a (drug offenses including failed urinalysis), Article 128b (domestic violence), Article 121 (larceny and theft), Article 92 (failure to obey lawful orders), Article 107 (false official statements), and Article 134 (general article conduct prejudicial to good order and discipline). The OSTC has mandatory prosecution authority over sexual assault, domestic violence, and related covered offenses, meaning these cases now move forward regardless of command preferences.
Can UCMJ charges be dropped before a court-martial?
Yes. UCMJ charges can be dismissed or reduced at multiple stages before trial — during the investigation, before preferral, at the Article 32 preliminary hearing, or between the Article 32 and trial through direct engagement with the convening authority or OSTC. Pre-charge intervention by an experienced court-martial lawyer is one of the most effective and underutilized defense strategies available. The earlier Korody Law becomes involved in your case, the greater the range of options available to your defense.
What is the difference between a general and special court-martial?
A general court-martial is the military's highest trial forum, equivalent to a federal felony prosecution. It requires an Article 32 preliminary hearing before referral, is presided over by a military judge and a panel of at least five members, and can result in a dishonorable discharge, federal conviction, and decades of confinement for the most serious UCMJ charges. A special court-martial is the military equivalent of a misdemeanor trial — it is heard by a panel of at least three members and a military judge, and its maximum punishments include a bad conduct discharge and up to one year of confinement. Both types result in a permanent federal criminal record.
How long does a court-martial take from charges to verdict?
Timelines vary significantly depending on the complexity of the UCMJ charges, the number of witnesses, forensic evidence involved, and current military court scheduling. Simple cases may resolve in a matter of months. Complex general courts-martial — particularly those involving Article 120 sexual assault charges, multiple specifications, or extensive digital evidence — can take a year or longer from preferral to trial. Throughout this period, an active defense strategy — including pre-trial motions, witness development, and expert engagement — is essential.
Can I appeal a court-martial conviction?
Yes. Service members convicted at a general or special court-martial have automatic appellate review rights before the applicable military Court of Criminal Appeals (Army CCA, NMCCA, AFCCA, or CGCCA) for qualifying convictions. From there, further discretionary review before the Court of Appeals for the Armed Forces (CAAF) — and potentially the United States Supreme Court — is available. Effective appellate representation requires that errors be identified and preserved in the trial record. This is one of many reasons why experienced representation at the trial level is essential to protecting your appellate rights.
Does Korody Law represent service members at bases outside of Jacksonville?
Yes — Korody Law represents service members at installations worldwide. Attorney Patrick Korody has represented clients from Iraq to Hawaii and at bases throughout the continental United States, Europe, and the Pacific. Courts-martial are conducted at military installations globally, and Korody Law is prepared to appear wherever your case is referred. Geographic distance does not limit the quality or scope of your representation.
UCMJ Charges Are Serious.
Your Defense Should Be Too.
A court-martial conviction is a federal conviction — permanent, consequential, and life-altering. You deserve a court-martial lawyer who has stood where you are standing and who has spent a career winning cases exactly like yours. Call Korody Law today.
Call (904) 383-7261 Request Free Consultation Online